73

Violence, Extreme Poverty and Inequality: the Voices of Civilians Trapped in Conflict in Northern

Throughout 2008, in parts of northern Sri Lanka controlled by the Liberation Tigers of Tamil (LTTE), the conflict between the government forces and LTTE intensified.1 Civilians in the region known as the Vanni have been effectively trapped in the conflict, with tens of thousands forcibly displaced, often repeatedly, as the Sri Lankan military advanced further towards the centre of LTTE-controlled territory. Access to the region is severely restricted and, as the situation has deteriorated, very little reliable information has been available. In September 2008, the Sri Lankan government ordered United Nations and non-governmental aid workers to leave northern Vanni.2 One former aid worker who was forced to leave the Vanni worked with The Equal Rights Trust to record the voices of civilians trapped between the parties to the conflict.

3 Following the collapse of a ceasefire agree- ment in January 2008, the Sri Lankan mili- tary launched a major offensive to4 reclaim areas of the north and east of the country previously controlled by the LTTE. Tens of thousands of people have been forcibly dis5- placed, trying to escape the aerial bombard- ment and shelling by the Sri Lankan forces. Many families have been displaced repeat- edly as the Sri Lankan armed forces pushed further towards the town of Kilinochchi, the ty.LTTE6 stronghold. Civilians trapped in the and looking for shelter. How do I look after my conflict are denied their basic right to equali- students in this situation? I have no school for They are subject to violence and repeated them to attend and I have no idea where many forced displacement; their livelihoods are of them are. We need time to regroup and find severely restricted, many are subject to ex- temporary school buildings to begin teaching treme poverty. again. All the families are farmers and fisher- Pillai, 59, School Principal: men, they have all lost their livelihoods. This is “I am a school principal in Poonakary. In the such a hard time for all the people in the Van- last few months 24 of the 27 schools in my dis- ni. All are constantly moving and are afraid, trict have been displaced. That’s over 7,000 we don’t have work and the children cannot students and 225 teachers. We have all moved study well. How can I teach children who are closer to Kilinochchi town but many have yet so frightened? They have no concentration for to find a safe place and they move every seven education, whenever they hear a Kfir (fighter days or so. Many of us are living under trees jet) or shelling they all run to the bunker, many

The Equal Rights Review, Vol. Two (2008) 74

start crying or shaking with fear and we have so expensive and we are living hand to mouth. to spend so much time consoling them… but I continue to work and fix bicycles because I we are also scared. Last year my eldest daugh- don’t want to just sit and think about my life ter was taken by the LTTE to fight. She was and how I will support my family. When I am 19 years old. For a year I had to console my working I am happy and I don’t think. But I wife. She cried and cried every night. In June need to earn money to look after my wife and this year she was given back to us, but she was children. I’m very afraid of the army coming dead. I have no words for my wife, what can I to this area. I am not sure if I would leave if say to her. If we get any chance I want to leave given the chance. If all the people from my vil- here with my family. We cannot go on like this, lage leave and go to the government area then it is breaking our hearts.” I will take my family. But we are all afraid, we have never been out there and we don’t know Selva, 32, Bicycle Repair Man: what to expect.” “My family and I were displaced from Pallai in 1995 due to heavy shelling. We have been living in Jeyapuram for the past 13 years and I have built a reputation for repairing bikes. In Jey- apuram I can earn between Rs. 300 - 500 per day. On August 3rd this year we had to leave Jeyapuram due to the shelling again. My family and I were very upset and ran away, through- out the night. I understood that something may happen in my area so I had arranged my tools in a way that I could collect them quickly. Now we are here in Selvanagar and I am still trying to make a living. It is very hard as the people around me have no money and we are all in the same position. In the past three days As the conflict further intensified in the I have only made Rs. 20. This is not enough to second half of 2008, civilians have been ef- buy anything. Everything in the Vanni is now fectively trapped between the two warring parties: afraid to remain in LTTE-controlled territory and afraid or unable to flee to gov- ernment-controlled territory. Civilians who stay behind are at risk of aerial bombardment7 on one hand, and forced recruitment into the ranks of the LTTE, on the other. Thousands of families trying to flee to government-con- thetrolled LTTE. areas8 have been reportedly hindered by the operation of a strict pass system by Those that have managed to flee to government-controlledde facto territory are9 often reportedly ‘warehoused’ in camps that can operate as detention centres.

Similar human rights abuses suffered by the civilians in northern Sri Lanka have been ex-

The Equal Rights Review, Vol. Two (2008) 75

out of sight. One hot day a neighbour spotted her taking water from the well and returning tensively documented in the past. For exam- to the pit. The next day the LTTE came and ple, the UN Special Rapporteur on extraju- took her from the pit. My children are also so dicial, summary or arbitrary executions has scared of the Kfirs. My son walked home from described the systematic efforts by various10 school one evening and a Kfir swooped out armed groups, and particularly the LTTE, to of the sky and bombed an LTTE base close to kill Tamils who refuse to support the LTTE. our house. The sound was terribly loud and According to his report, ‘(m)any Tamil and put so much fear inside me. I realised that my Muslim civilians have been killed primarily son would be walking in that area at the time because they have sought to exercise their and I screamed, in fear that he may have been freedoms of expression, movement, associa- hit. We met on the path running towards each tion, and participation in ways that are not supportive of one or other of the factions fighting the Government. And many others11 The have been killed in retaliation or because they are deemed to be “sympathisers”.’ Special Rapporteur also reported the percep- tion that state actors enjoy impunity in rela- tion to extra-judicial executions of Tamils, highlighting ‘the paucity of cases in which a government official12 – such as a soldier or po- lice officer – has been convicted for the kill- ing of a Tamil.’ Mary, 42, Mother of Two:

“With the situation here it is very difficult to be a mother. I have two children, a 16 year old son and a 13 year old daughter. There are many problems I face but my biggest fear is the re- cruitment of my children by the LTTE. My son often comes home from school and tells me that another student, from the grade above his, has been taken to fight. This is very hard for the other. I was so scared and happy to see him. children and they all discuss their birthdays But now he is so scared about the Kfirs. He and work out who will be taken first, when the hears them before any of us at home. I want time comes. Another major problem we have my children to receive the best education and is the jealousy of our community. When a child study hard but when we hear the Kfirs in the is taken from a home the parents will begin to morning I don’t want them to leave for school. tell the LTTE of other children that are hiding I get so worried that they will be killed that in neighbours’ homes. There is a sense of jeal- day, so I tell them to stay at home. They some- ousy amongst our community that makes us times miss a day or two every week because tell on each other. I know a girl who hid in a of my fear and that makes me very sad, like pit for six months. Her father brought her food I’m being a bad mother, but I’m just trying to and water every night and she stayed there protect my children.”

The Equal Rights Review, Vol. Two (2008) 76

government areas as I fear that they will kill 13 me or take me to prison, so I am stuck here Non-discrimination is a basic principle of with my family. This morning we heard that international humanitarian law and hu- the army are shelling closer; this is very scary man rights law. All parties to the conflict in as we now have nowhere to go. My family has Sri Lanka are bound by customary14 interna- no food, no money and no transport, where tional humanitarian law rules concerning can I run to now?” non-international armed conflict. Both the government of Sri Lanka and the LTTE are obliged to treat those not taking active part in the hostilities humanely at all times, and Civilians from LTTE-controlled areas, includ- Sandra,without discrimination. 25, Displaced Person, Uruthira- ing those displaced, are extremely vulner- puram, Kilinochchi: able to rights abuses by all parties to the con- flict, a vulnerability that is often heightened “I have been displaced from my homes seven for those displaced, or those who are very times over the past three years. In 2005 we young or old. People feel that whatever they had a good life in Parapan Kandal, (LTTE con- do, whatever action they take – they will be trolled) until the Sri Lankan exposed to risk. Army began to shell the area near our homes. My husband was a fisherman and we lived well. At the time of the shelling I was pregnant and had to run through the night to safety, since then I have been moving every six months due to the shelling. I am now sat here under this tree and it’s the seventh time. I am tired of running. This situation is so hard for us now, my baby is one and a half years old and my husband has no work. We are living hand to mouth and having to take charity from NGOs Kanthai, 72, Widow: and family. I feel very sad about this situation. I have been happy living under the LTTE for “I had to leave my home in Jeyapuram two many years, but the fighting needs to stop, we months ago due to the shelling. It was very are all suffering here. I cannot go out to the frightening that night, the shells came and we all panicked. I am a grandmother of five and a great-grandmother of eight. I was so worried for the little ones that night as they are small and did not understand what was happening in our village. We managed to make our way here to Selvanagar and have been here ever since. It’s very difficult for me as I am old and find it hard to live out in the open like this, under trees. We will get help soon from some of the agencies here and I will share a shelter with my grandson and his family. I feel very sad about this situation as he has his own fam-

The Equal Rights Review, Vol. Two (2008) 77

Kfirs, and now this displacement. Under a tree is no place for a child to grow up. I don’t want to leave this area as it’s all I know nowadays and I am scared that the army will target us if we leave. All we know is the Vanni, the outside is a mystery to us. Most of all, I just want peace in my community and in my mind, and to be able to watch my grandchildren grow into healthy adults.”

UN agencies estimate that by November 2008, the number of internally displaced persons had risen to some 230,000 persons in the Kilinochchi and Mullativu districts as a LTTE.result15 of intensified government military op- erations to regain the last stronghold of the Access by humanitarian aid agencies is severely restricted. Many of the displaced are living in the open in make-shift camps. At

ily and I feel like I am a burden on them. I try and help as much as I can, with the cooking and playing with his children, but still I feel bad. Our fear is growing day by day as it feels like the shelling has followed us here. Every- day it gets closer and we are all worried and confused as to what to do if we have to move again. It feels like the army are all around us now. I grew up in Kandy with my family, but we moved to the Vanni nearly 30 years ago because of the problems then. I really like the Vanni, but since I have been here there have been constant battles and our lives have been one struggle after the other. I’m very sad for my grandchildren who have not known peace in their lives. When I was a child I had the chance to be free and enjoy my childhood. I went swimming, climbed trees and had great adventures. All my grandchildren and great- grandchildren know the sound of bombs and

The Equal Rights Review, Vol. Two (2008) 78

ing, I fled with my family to Kumulamunai. On the 20th of June 2008, there was shelling a time of seasonal rains, the UN has identi- close to our new home, and we had to run fied an urgent16 need for shelter and sanitary away because we were afraid. We could not supplies in addition to improved access for take many things and I had to run as fast as food convoys. The testimony of Stella, a I could with my crutches, with help from my thirteen-year-old girl whose family was dis- family and neighbours. I travelled all the way placed by aerial bombardment three times from Kumulamunai to Jeyapuram like this; it between January 2007 and October 2008, was very difficult. From Jeyapuram to Mani- reveals how the coping mechanisms of civil- yankulam we were able to get a tractor. We ians, repeatedly displaced and caught in the have been in this place for one week, and we conflict, have been severely restricted. Stella, 13: have only one shelter; six families live there; that’s around 23 people. There are no proper My home is in Illuppakadavai. On the 2nd toilets here, and for me it is very difficult… be- of January 2007, at nine in the morning, the cause of my leg. Kfirs came. When they bombed my village the ground shook and shrapnel flew everywhere. I’m on school holidays at the moment, but when Many people were injured, and so was I. That’s school starts again I don’t know how I’ll go; to how I lost my leg. I had to be in Kilinochchi walk there I’ll always need help from someone. hospital for one month, and return there once More than that, if we have to move from this a month to visit the doctors. After the bomb- place also, I don’t know how I’ll manage; I’ll

The Equal Rights Review, Vol. Two (2008) 79

have to run like last time. I have a prosthetic longings and could not help me. I felt sad for leg, and I can ride a bicycle; if I had a bicycle, my family that I was slowing them down. That life would be much easier for me. I’ll be happy night was very loud due to the shelling. Other if we can get more shelters, to sleep comfort- families had managed to get further away, but ably, and a proper toilet; but more than that, we had to stay there because of my injuries. what I want most is a bicycle. We’ll stay here We are now here in the school and again I feel if the shelling doesn’t come close; otherwise bad. This school is like my old school, but we we’ll have to move again. If there was peace in are using it for a home and the children in the this country, we wouldn’t have to go through area will suffer. I am very scared that shell- all this; we need peace. ing will happen again in this area and we will have to run again. I am tired of always run- ning from place to place and I do not know of any safe place anymore. If the Government A second interview with Stella took place on and the LTTE allow us, I would be very happy The20 August shelling 2008, started this time at 7:30 in Manipuram. in the evening to escape this area. I just want peace to come and we ran immediately to Konavil School, to me and my family and I don’t want to run about 5km away. Our family had to spend the anymore. I still have very bad dreams about night in the school as I couldn’t go on with my the Kfir attack and when I hear the Kfir these crutches. My family were carrying all our be- days I get so scared.

L

1

Fighting between the Liberation Tigers of (LTTE) and the Sri Lanka government started in the 1980s. For2 an overview of the conflict, see ICRC web pages on Sri Lanka.

The government announced on MondayBlocking 8 September aid workers 2008 inthat Sri “it Lanka could endangers no longer trappedensure the civilians safety of aid workers in the area and requested that United Nations and humanitarian agencies staff move out to government-controlled territory”. See Amnesty International. , 10 September 2008.3

In January 2008, the government of Sri Lanka withdrew from a 2002 ceasefire, which had begun to collapse in 2005.4 Sri Lanka: Attacks against civilians must cease

5 See Amnesty International. , 6 October 2008. Tens of thou- sands For example, at risk in according Sri Lanka toas Amnestyfighting escalates International, more than 70,000 people were forcibly displaced by government aerial bombardment and artillery shelling between May and August 2008. See Amnesty International. 6 See: Declaration of Principles on Equality , 19 August 2008.

. The Equal Rights Trust, London, 2008. Principle 1 (The Right to Equality) states: “The right to equality is the right of all human beings to be equal in dignity, to be treated with respect and consideration and to participate on an equal basis with others in any area of economic, social, political, cultural or civil7 life”. See also Principle 7 (Discrimination and Violence). Blocking aid workers in Sri Lanka endangers trapped civilians According to some reports, the LTTE is actively recruiting minors in camps for the newly displaced. See Amnesty International.8 , 10 September 2008.

According to Amnesty International, “(s)ome individuals have been forced to stay behind [in LTTE controlled terri-

The Equal Rights Review, Vol. Two (2008) 80

Tens of thousands at risk in Sri Lanka as fighting escalates tory] as guarantors, to ensure the return of other family members”. See Amnesty International. 9 Ibid. , 19 August 2008.

10

Report of the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, Philip Alston. Addendum: Mission to Sri Lanka, UN Doc. E/CN. 4/2006/53/Add. 5, 27 March 2006, Para. 3. The Special Rapporteur visited Sri Lanka from 28 November to 6 December 2005, at a time when, according to the report, ‘the Ceasefire Agreement (CFA) of February 2002 between the Government and the LTTE was under unprecedented stress’. The ceasefire ended11 Ibid in January 2008.

12 Ibid., Summary, p. 2.

13 ., Para. 59. International Review of the Red Cross,

See, for a discussion: Pejic, Jelena. “Non-discrimination and armed conflict”, No.14 841, pp. 183-194.

The Government of Sri Lanka and the LTTE are bound by the provisions of Article 3 Common to the four Geneva Conventions of 1949, which applies to non-international armed conflicts. The LTTE has formally taken upon itself obligations under the Geneva Conventions. The UN Special Rapporteur on extrajudicial, summary or arbitrary ex- ecutions and the UN High Commissioner for Human Rights, in 2006 and 2008 respectively, highlighted that inter- national human rights law and international humanitarian law apply to the conflict in Sri Lanka. See Human Rights Council. Working Group on the Universal Periodic Review, Second session, Geneva, 5-16 May 2008, UN Doc. A/HRC/ WG.15 6/2/LKA/2, 8 April 2008, Para 1.

United Nations High Commissioner for Refugees (UNHCR), Overshadowed by displacement in Sri Lanka’s north, people return home in the east, 6 November 2008, online: http://www.reliefweb.int/rw/rwb.nsf/ db900sid/VDUX-7L5MX5?OpenDocument&query=sri%20lanka See also: United Nations Country Team in Sri Lanka. WFP convoy departs for Vanni, November 2008, online: http://www.reliefweb.int/rw/rwb.nsf/db900sid/MCOT-7L 2K34?OpenDocument&rc=3&emid=ACOS-635PHK16 (accessed 10 November 2008).

United Nations Office for the Coordination of Humanitarian Affairs - Integrated Regional Information Networks (IRIN). Sri Lanka: Fourth WFP convoy travels to Tiger-held areas, 5 November 2008, online: http://www.reliefweb.int/rw/rwb.nsf/db900sid/LSGZ-7L4EM5?OpenDocument&query=sri%20lanka (accessed 10 November 2008).

The Equal Rights Review, Vol. Two (2008)